Judicial Watch client Sergeant Joslyn Johnson, the widow of a fellow police officer gunned down by an illegal alien criminal, may finally get her day in court thanks to a landmark court victory!

On September 9, 2011, the United States Court of Appeals for the Fifth Circuit ruled in favor of Sergeant Johnson. The three-judge panel reversed a decision by the district court. Sgt. Johnson’s lawsuit against the city of Houston’s illegal sanctuary policy will now continue.
As noted by the appellate court, under the Houston Police Department’s (HPD) illegal alien sanctuary policy, “HPD officers are forbidden from notifying federal authorities that they have encountered a known illegal alien unless they arrest that person on a ‘separate criminal charge (other than a class C misdemeanor).’”
Moreover, Houston’s sanctuary policy also prevents police officers from obtaining immigration information from a number of federal government databases. (The policy only allows police officers to check the “wanted” status of an illegal alien from a single federal database that tracks illegal aliens who have been convicted and deported for “drug trafficking, firearms trafficking, or serious violent crimes.”)
As we argued in our September 21, 2009, lawsuit on behalf of Sergeant Johnson, Houston’s restrictive illegal alien sanctuary policies harm her ability to communicate with federal immigration officials:
Officer Johnson does not seek to detain or arrest persons in order to inquire about their immigration status…Rather plaintiff [Johnson] seeks to use her professional judgment to determine when it is appropriate to contact ICE [U.S. Immigration and Customs Enforcement] to inquire or provide information about a person’s immigration status if, in the course of carrying out her duties and responsibilities as a law enforcement officer, she has reason to believe a crime may have been committed.
To this point, Sergeant Johnson has not even been able to make this case in a court of law.
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